Best Interest Determination (BID)

School Placement Best Interest Determination Process (BID)

Section 1111(g)(1)(E) of the Elementary and Secondary Education Act (ESEA), as amended by ESSA, requires LEAs to ensure that a child in foster care remain in his or her school of origin, unless it is determined that remaining in the school of origin is not in that child’s best interest.

Local education agencies (LEAs) and county children and youth agencies must participate in the educational placement best interest determination (BID) process and consider how additional relevant parties can meaningfully participate in the BID.

This process must be formalized between the LEA(s) and the CCYA, meaning procedures should be consistent and efforts to determine best interest should be documented.

LEAs and CCYAs must consider all factors relating to a child’s best interest and should be student-centered. These factors include the appropriateness of the current educational setting, proximity of placement, and preferences of the child.

Transportation costs must not be considered when determining a child’s best interest.

To the extent feasible and appropriate, the child must remain in their school of origin until a final determination is made.

Key Guidance

On June 23, 2016, U.S. Departments of Education and Health and Human Services issued joint non-regulatory guidance to state and local education and child welfare agencies on the new provisions in the Every Student Succeeds Act (ESSA) for supporting children in foster care. The guidance (PDF) aims to assist state and local partners in understanding and implementing the new law.

On November 29, 2016, Pennsylvania Departments of Education and Human services issued joint guidance (PDF) to further promote awareness among PA’s local education agencies (LEAs) and county children and youth agencies (CCYAs) of key changes and requirements.